Article 17 and Untouchability: Caste Discrimination, Purity & Equality

GS I: Salient features of Indian Society, Diversity of India.

Context: The alleged ‘purification’ of a public ground in Haldwani after a political rally involving Congress president Mallikarjun Kharge has brought renewed attention to untouchability, caste-based notions of purity and pollution, and the gap between constitutional equality and social practices.

Haldwani Incident- Key Legal Question

• Purification alone is not Conclusive: The mere use of the term ‘purification’ does not automatically establish an offence under Article 17.
• Central Test: Whether the act was motivated by a belief that the presence of a person belonging to a particular caste caused pollution.
• If Caste-Based: It may raise issues under Article 17 and the Protection of Civil Rights Act.
• If Political/Other Grounds: If the organisers establish that the ritual was unrelated to caste, the essential caste-based nexus may not be established.
• Role of Courts: The crucial issue would be determining the intention and factual basis behind the alleged discriminatory act.

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Contemporary Forms of Untouchability

• Social Exclusion: Denial of access to social and religious spaces.
• Occupational Segregation: Linking particular occupations with specific castes.
• Caste-Based Humiliation: Public insults and social degradation.
• Purity-Pollution Practices: Ritual or symbolic exclusion based on caste identity.
• Residential Segregation: Caste-based separation in settlements and social spaces.
• Indirect Discrimination: Practices that appear neutral but disproportionately reinforce caste hierarchy.

Why Untouchability Persists

• Deep-Rooted Caste Hierarchy: Historical social structures continue to influence social relations.
• Cultural Legitimisation: Traditional notions of purity, pollution and hereditary occupation may persist.
• Social Distance: Legal equality has not always translated into social equality.
• Economic Dependence: Vulnerable communities may remain dependent on dominant groups.
• Weak Enforcement: Social pressure and under-reporting can limit the effectiveness of laws.
• Changing Forms: Overt exclusion may decline while subtle and symbolic discrimination persists.

Why Untouchability is not Defined in the Constitution

• No Exhaustive Definition: The Constitution does not provide a detailed definition of untouchability.
• Reason: Caste-based exclusion can assume new and indirect forms over time.
• Constitutional Flexibility: A broad prohibition prevents individuals from exploiting technical loopholes to continue discriminatory practices.
• Broader Principle: The focus is therefore on eliminating the substance of caste-based exclusion, rather than merely specified practices.

Constitutional Framework

• Article 17: Abolishes untouchability in all its forms and makes its practice a punishable offence.
• Horizontal Application: Unlike most Fundamental Rights, Article 17 operates against private individuals as well as State actors.
• Article 14: Guarantees equality before law and equal protection of laws.
• Article 15: Prohibits discrimination on grounds including caste.
• Article 21: Protects the dignity and personal liberty of individuals.
• Constitutional Morality: The provision seeks to dismantle caste-based hierarchy, exclusion and social stigma.

Legal Framework

• Protection of Civil Rights Act, 1955: Originally enacted as the Untouchability (Offences) Act, 1955.
• 1976 Amendment: Strengthened the law and renamed it the Protection of Civil Rights Act, 1955.
• Scope: Penalises practices such as denial of access to temples, public wells and other public facilities on grounds of untouchability.
• Caste-Based Insult: Insult directed against an SC person on the ground of untouchability can attract penal consequences.

SC/ST Prevention of Atrocities Act, 1989

• Purpose: Provides stronger protection against specific caste-based atrocities and humiliation against SCs and STs.
• Section 3(1)(r): Covers intentional insult or intimidation with intent to humiliate an SC/ST person in circumstances specified by the Act.
• Caste Nexus: Every insult does not automatically constitute an offence; the caste-based intention and statutory conditions are important.
• Public View Requirement: Certain offences under the Act require the act to occur within public view.

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Sociological Perspective- Louis Dumont

• Homo Hierarchicus, 1966: Louis Dumont analysed the Indian caste system through the principle of ‘purity and pollution’.
• Purity–Pollution: Certain occupations and social groups were historically regarded as pure, while others were associated with pollution.
• Social Hierarchy: This binary contributed to the legitimisation of caste hierarchy and social exclusion.
• Article 17: Represents a constitutional rejection of the purity-pollution basis of untouchability.

Important Judicial Interventions

• Sukanya Shantha v. Union of India, 2024: Supreme Court struck down caste-based discrimination in prison manuals.
  • Rejected caste-based allocation of occupations and practices attaching stigma to a person’s presence or identity.
  • Reinforced that caste cannot determine occupation, treatment or dignity.
• Suryanarayan Chaudhary v. State of Rajasthan, 1988: Concerned discriminatory purification requirements associated with temple entry.
  • Highlighted that imposing discriminatory conditions on Dalits can violate Articles 14, 15 and 17.
  • Demonstrates that conditional access can itself become a form of exclusion.
• Hitesh Verma v. State of Uttarakhand, 2020: Supreme Court clarified that every insult or abuse against an SC/ST person does not automatically attract the SC/ST PoA Act.
  • A relevant caste-based nexus or intention must be established.
• Recent Supreme Court clarification, 2026: Reiterated the significance of the ‘public view’ requirement for relevant offences under the SC/ST PoA Act.
  • Highlights the need to balance protection of vulnerable communities with statutory safeguards.

Way Forward

• Effective Enforcement: Strengthen implementation of the Protection of Civil Rights Act and SC/ST PoA Act.
• Social Awareness: Promote constitutional values of equality, dignity and fraternity.
• Educational Reform: Integrate anti-discrimination and constitutional morality into education.
• Occupational Mobility: Break the historical association between caste and occupation.
• Community Engagement: Encourage social interaction and collective initiatives to reduce caste-based social distance.
• Institutional Accountability: Ensure effective grievance redressal and monitoring of caste discrimination.
• Behavioural Change: Move beyond legal prohibition towards transformation of social attitudes.

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Conclusion

Article 17 represents the Constitution’s categorical rejection of caste-based exclusion, purity-pollution notions and social hierarchy. However, the persistence of overt and subtle discriminatory practices shows that constitutional abolition must be complemented by social transformation, effective enforcement and a culture of dignity, equality and fraternity.

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